STUDY THE EXISTING PATENTS
Before Investing in a Patent, You Should Search Existing Patents That Relate to Your New Product.
PART THREE
When you study the existing patents, be sure you're looking at those that relate directly to your own invention.
Whether you conduct the search yourself or hire someone else to do it, you will have to study the patents and publications identified with your product. If any of the patents discloses your idea, you cannot be granted a patent. Likewise, if your invention is described in any of the scientific literature, you cannot obtain a patent on it.
It is possible that one or several existing patents or publications might describe something similar to your discovery, but they may be different in some way. In order for you to obtain a patent for your invention, those differences must be unobvious to anyone with knowledge in the area related to your invention.
For example, ordinary differences, such as the substitution of one material for another, changes in size, or other obvious modifications are generally not patentable.
But you can obtain a patent to cover an improvement or a new feature which makes your invention different from the prior patents.
The determination of unobviousness and of patentability of an invention is often a complex issue involving a combination of legal principles and technical facts. Generally, you should not attempt to make these determinations on your own.
If you have not yet hired a registered patent practitioner, you should do so now. Together you should discuss the important features of your invention and then decide whether you have a fair chance of getting patent protection for your discovery. If you decide to continue seeking a patent, the practitioner can help you with preparing and filing the patent application documents.
You can also write your own patent if you are willing to take the time. The best resource on writing your own patents is the book "Patent It Yourself" by David Pressman.
The above article was excerpted from Ken Tarlow's MIND TO MONEY, a workbook package that can help you develop a new product from the idea stage to the marketplace. MIND TO MONEY may be ordered from the Dream Merchant at $59.95 plus $4.95 CA sales tax and$5 shipping and handling ($69.90 total). Send orders to the Dream Merchant, 2309 Torrance Blvd., Suite 104, Torrance, CA 90501.
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